Nebraska Governor Certifies Voter-Approved Medical Marijuana Measures, But Says There Are ‘Serious Issues’ With The New Laws

“Both the governor and the attorney general believe that serious issues remain regarding the validity of these petitions under federal law and the Nebraska Constitution.”

By Zach Wendling, Nebraska Examiner

Gov. Jim Pillen (R) on Thursday proclaimed the success of five ballot measures this November with his signature, formally legalizing medical cannabis, abortion restrictions and a framework for paid sick leave.

Pillen’s actions also officially end a state-funded program for private K-12 attendance costs.

The proclamations usher in the new laws as well as an abortion-related constitutional amendment after a years-long campaign that proved the most expensive year in Nebraska history for ballot measures. All take effect immediately, with the exception of the framework for requiring paid sick leave that supporters delayed implementation for until October 1, 2025.

Questions remain on some of the final details of the measures and pending legal challenges.

Medical cannabis legalized

Though the Nebraskans for Medical Marijuana campaign still faces two legal challenges, including one headed to the Nebraska Supreme Court, organizers were successful in their third attempt.

Nebraskans will soon be able to pursue a written recommendation from a health care practitioner for up to 5 ounces of medical cannabis.

Purchasing medical cannabis in Nebraska remains illegal until the now-authorized Nebraska Medical Cannabis Commission is able to write rules and regulations, similar to what the Nebraska Liquor Control Commission does for licensing businesses to sell alcohol.

Medical cannabis is legal in the surrounding states of Colorado, Missouri and South Dakota.

The deadline for the cannabis regulations is July 1, 2025. Licensing must begin by October 1, 2025.

“For many, this delay will feel agonizing,” Crista Eggers, campaign manager for the measures, said in a statement. “But today’s victory is a reminder that progress is possible—and that the dream of accessible relief and healing for Nebraskans is closer than ever to becoming a reality.”

Pillen and Attorney General Mike Hilgers (R) issued a joint statement Thursday cautioning Nebraskans that while the measures are now law, they cannot, and do not, change federal law that criminalizes marijuana and classifies it as a dangerous drug.

The Nebraska Constitution and state law required the governor to issue proclamations for successful ballot measures within days of certifying the election.

“Both the governor and the attorney general believe that serious issues remain regarding the validity of these petitions under federal law and the Nebraska Constitution,” the statement reads. “The federal government has designated marijuana as a Schedule I controlled substance. Under federal law, it is unlawful to either possess or sell Schedule I controlled substances.”

The federal government is in the process of reclassifying marijuana. It is classified alongside heroin and LSD now but could be moved down to the same level as Tylenol with codeine or ketamine.

Thirty-eight states allow cannabis for medical use, and 24 of those states have also legalized recreational marijuana use. Washington, D.C., has also legalized both.

The cannabis campaign has highlighted the 10th Amendment to the U.S. Constitution as uplifting the rights of states, and of Nebraska voters, to make their voices heard on marijuana policies.

This story was first published by Nebraska Examiner.

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Photo courtesy of Chris Wallis // Side Pocket Images.